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Commercial Litigation
Starting legal action - a step by step guide to the litigation process
July 28, 2020
If you are a business owner at some point it is likely you will consider suing someone to recover a debt, seek damages for a breach of contract, or to resolve an employment dispute, so it is important to understand the basic procedures involved.
How to keep your legal costs down - our top tips
June 25, 2020
Commercial disputes can be very costly and disruptive and the potential for legal costs to escalate is real when a matter is not properly managed. By following these tips you can help keep a lid on your legal costs while assisting your lawyer to provide sound advice to help resolve your legal dispute.
Leave to proceed against liquidated companies
June 25, 2020
A company's liquidation poses a general embargo on proceeding with or continuing litigation. Applications for leave to continue or commence proceedings are considered in light of the circumstances, available assets in the winding up and other creditors' interests.
Mediation in a commercial dispute - benefits
March 3, 2020
Court action is expensive and lawyers who are interested in the best outcomes for their clients will often recommend alternative dispute resolution options - mediation being one of the available options.
Personal liability for company directors
January 28, 2020
Company directors may be held personally liable for losses of the company in certain circumstances. All directors should understand their duties and legal obligations and the situations which could give rise to personal liability.
Debt collection: the power of a Statutory Demand
January 28, 2020
A statutory demand can be a very powerful tool for collecting money that is owed to you by a company. This article sets out the benefits of using a statutory demand as a method of very quickly and effectively collecting a debt.
Selecting a lawyer in a commercial dispute
December 19, 2019
In this article we will explain some of the issues that you need to consider when selecting a lawyer to represent you if you become involved in a commercial dispute and your company is facing litigation.
Commercial
Contractual obligations in the wake of COVID
October 6, 2020
COVID-19 presents many challenges for individuals and businesses, among them, understanding their legal rights and responsibilities under existing contracts which may contain obligations that are now difficult to fulfill.
Shareholder agreements - why your company needs one
July 28, 2020
A shareholder agreement sets out the rights and obligations of each business owner and the processes for resolving disputes and deadlocks. The Grill'd case shows the potential pitfalls of not having a shareholder agreement in place.
Unfair contracts - are you complying with the law?
April 14, 2020
The Unfair Contract Terms Regime has been extended to cover standard form contracts entered into with ‘small business’, this is in addition to the extensive compliance and regulatory obligations under existing laws.
Important updates for business - COVID-19
April 14, 2020
The Federal Government's response to the economic threats posed by COVID-19 include measures to alleviate some of the financial hardship faced by many businesses and provide safeguards to help them survive after the crisis.
If a company is insolvent what are the options?
March 3, 2020
There are significant penalties for allowing your company to trade whilst insolvent. If your company is in financial difficulty and heading towards insolvency you should seek immediate legal or financial advice on your options.
Wills & Estates
Estate Planning: What a Will Kit doesn't do
October 6, 2020
You can prepare a valid Will on-line, however there is considerable risk that it will not be tailored to your unique circumstances, may not achieve exactly what you want and may not take advantage of structures to protect assets and save tax.
Replacing officeholders of discretionary trusts
July 28, 2020
Discretionary trusts can be an excellent vehicle for the day to day management of wealth. The need to replace an Appointor or Guardian may arise because of conflict or as a result of the death or incapacity of an officeholder.
Challenging a deceased estate - have you missed out?
May 20, 2020
In certain circumstances the Court may change a deceased person’s Will or administration on intestacy to award a person funds or assets from the estate, there are strict time limits and eligibility criteria for making claims.
Factors affecting the capacity to make a Will
April 14, 2020
A Will is a legal document which sets out how a person wants their assets to be distributed once they die. If you are over the age of 18 you can make a Will - provided you have capacity. How is capacity determined?
Dealing with deceased estates - Executor duties
March 3, 2020
Dealing with deceased estates can be complex and often involves a substantial amount of paperwork. After a person dies someone has to look after the assets of that person, pay the person's debts and wind up their affairs.
What is a Testamentary Trust?
January 28, 2020
In this article we explain some things you may need to know about testamentary trusts (a trust created in a Will) and outline their benefits and some of the reasons why you might consider including one in your estate plan.
Estate planning - common misconceptions
December 19, 2019
Estate planning involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your wishes and covers unexpected events.
Private Client Advisory
Anti-Phoenixing Laws and Director Penalty Notices
October 6, 2020
Company directors should be aware of new laws which target anti-phoenixing behaviour, increase a director's risk of being personally liable for certain company debts and which create new criminal offences and civil penalties.
Corporate governance: what does it mean?
September 3, 2020
Corporate governance affects the control and operation of all companies and organisations. What steps does a company or its board of directors need to take to demonstrate that they are exercising good corporate governance?
A guide to buying commercial premises
September 3, 2020
Buying commercial property is more complicated than buying a residential property. There are complex contract terms, detailed planning information and additional legal and commercial implications if the premises are leased.
The scope of fiduciary duties as a director once you resign
May 20, 2020
The fiduciary duty of a director will survive his or her resignation as a director, the scope and duration of that duty will be considered in light of the circumstances relevant to each case and the parties’ conduct.
Property
Retail leasing - disclosure requirements
September 3, 2020
To ensure complete transparency retail lease legislation provides that landlords of retail premises are required to provide tenants with all information that is relevant to a tenant’s decision about whether or not to enter into a lease.
Commercial Leasing and COVID-19 - Code of Conduct
May 20, 2020
The Federal Government has released a Mandatory Code of Conduct – Commercial Leasing Principles applicable to certain landlords and tenants when negotiating leasing arrangements during COVID-19.
Commercial Leases - things you should know
December 19, 2019
When renting business related property it is important for both landlords and tenants to understand the relationship they are entering into and the rights and obligations that they each have under the terms of the lease.
Insurance Litigation
Read this if making an insurance claim
June 25, 2020
Each year Australians spend millions on premiums for general insurance to protect hard-earned assets. Disasters such as storms, floods and bushfires affect numerous regions across our vast country. If you have suffered loss from such an event it is important to understand your rights when making a claim.
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